Common use of COVERAGE PROVISIONS Clause in Contracts

COVERAGE PROVISIONS. Click to read annotation This Part only applies, with respect to an employee, or the employer of that employee, where either or both of the following circumstances occur: without the application of this Part an employee or the employer of that employee would otherwise be covered by both the laws of Australia and the United States; the employee has been sent from the territory of the United States to the territory of Australia in accordance with paragraph 3 and, based upon documentation issued by the Agency of the United States, the employee and employer are subject to United States laws. Click to read annotation Except as otherwise provided in this Article, a person employed within the territory of one of the Parties and the person's employer shall, with respect to that employment, be subject to the laws of only that Party. Click to read annotation Where a person who is normally employed in the territory of one Party by an employer in that territory is sent by that employer to the territory of the other Party for a temporary period, the person and the person's employer shall be subject to the laws of only the first Party as if the employee were employed in the territory of the first Party provided that the period of employment in the territory of the other Party is not expected to and does not exceed 5 years. After 5 years, any further period of employment shall be subject to the laws of the other Party. Click to read annotation For the purposes of applying paragraph 3 in the case of an employee who is sent from the territory of the United States by an employer in that territory to the territory of Australia, that employer and an affiliated company of the employer (as defined under the laws of the United States) shall be considered one and the same, provided that the employment would have been covered under United States laws in the absence of this Agreement. Click to read annotation For the purposes of applying paragraph 3 in the case of an employee who is sent from the territory of Australia by an employer in that territory to the territory of the United States, that employer and a related entity of the employer shall be considered one and the same. An entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group. Click to read annotation Paragraph 3 shall apply where a person who has been sent by his or her employer from the territory of a Party to the territory of a third State is subsequently sent by that employer from the territory of the third State to the territory of the other Party. Click to read annotation Where a person who is a resident of the United States works in the capacity of a self-employed person, the person shall be subject to the laws of only the United States. Click to read annotation Where a national of the United States who is a resident of Australia works in the capacity of a self-employed person, the person shall not be subject to the laws of the United States. Click to read annotation Where the same activity is considered to be self-employment under the laws of one Party and employment under the laws of the other Party, that activity shall be treated according to the provisions of this Article concerning self-employment. Click to read annotation A person, or that person's employer, who would otherwise be covered under the laws of both Parties with respect to employment of that person as an officer or member of a crew on a ship or aircraft shall, with respect to that employment, be subject only to the laws of the Party of which that person is a resident. Click to read annotation This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963. Click to read annotation If an employee: is subject to the laws of one Party ("the first Party"); was sent, whether before, on or after the entry into force of this Agreement, by the Government of the first Party to work in the territory of the other Party ("the second Party"); is working in the territory of the second Party in the employment of the Government of the first Party; is not working permanently in the territory of the second Party; and is not exempt from the laws of the second Party by virtue of the conventions mentioned in paragraph 11; Click to read annotation the Government of the first Party and the employee shall be subject only to the laws of the first Party, and, if the spouse of the employee also meets the conditions specified in subparagraphs (iii)-(v), the spouse and the Government of the first Party shall be subject only to the laws of the first Party for that employment. For the purposes of this paragraph, "Government" includes, in relation to the United States, an instrumentality of the United States and, in relation to Australia, a political subdivision or local authority of Australia. Click to read annotation The Competent Authorities of the two Parties may for the purposes of this Article by agreement in writing: extend the period of 5 years referred to in paragraph 3 for any employee; or provide that an employee is deemed to work in the territory of a particular Party or on a ship or aircraft in international traffic under the laws of a particular Party and is subject only to the laws of that Party. Click to read annotation Any agreement made under paragraph 13 may apply to either or both of the following:

COVERAGE PROVISIONS. Click to read annotation This Unless otherwise provided in Part only appliesIII of this Agreement, a person of any nationality who is employed in the territory of either Contracting State shall be subject, with respect to an employeeemployment in that territory, or to the employer of that employee, where either or both laws on compulsory coverage of the following circumstances occur: without Contracting State where the application person is employed and, in determining the amount of this Part an employee or the employer of that employee would otherwise be covered by both contributions payable under the laws of Australia and that Contracting State, no account shall be taken of any income the United States; the employee has been sent person may receive from employment in the territory of the United States to the territory of Australia in accordance with paragraph 3 and, based upon documentation issued by the Agency of the United States, the employee and employer are subject to United States laws. Click to read annotation Except as otherwise provided in this Article, a person employed within the territory of one of the Parties and the person's employer shall, with respect to that employment, be subject to the laws of only that Partyother Contracting State. Click to read annotation Where a person who of any nationality is normally employed in the service of an employer having a place of business in the territory of one Party by an employer in that territory a Contracting State and is sent by that employer to the territory of the other Party Contracting State for a temporary periodperiod not expected to exceed 5 years, the person and the person's employer shall be subject to the laws on compulsory coverage of only the first Party Contracting State as if the employee he or she were employed in the territory of the first Party provided that the period of employment in the territory of the other Party is not expected to and does not exceed 5 yearsits territory. After 5 years, any further period of employment shall be subject to the laws of the other Party. Click to read annotation For the purposes of applying this paragraph 3 in the case of an employee who is sent from the territory of the United States by an employer in that territory to the territory of AustraliaSwitzerland, that employer and an affiliated company of the employer (as defined under the laws of the United States) shall be considered one and the same, provided that the employment would have been covered under United States laws in the absence of absent this Agreement. Click to read annotation For the purposes Paragraph 2 of applying paragraph 3 in the case of an employee who is sent from the territory of Australia by an employer in that territory to the territory of the United States, that employer and a related entity of the employer shall be considered one and the same. An entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group. Click to read annotation Paragraph 3 this Article shall apply where a person who has been sent by his or her employer from the territory of a Party Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to the territory of the other PartyContracting State. Click to read annotation Where a A person of any nationality who is self-employed in the territory of one or both Contracting States and who is a resident of the United States works in the capacity of a self-employed person, the person one Contracting State shall be subject to the laws on compulsory coverage of only the United States. Click to read annotation Where a national of the United States who is a resident of Australia works Contracting State in the capacity of a self-employed person, whose territory the person shall not be subject to the laws of the United Statesresides. Click to read annotation Where the same activity is considered to be self-employment under the laws of one Party Contracting State and employment under the laws of the other PartyContracting State, that activity shall be treated according to the provisions of this Article concerning self-employment. Click to read annotation A person, or that person's employer, who would otherwise be covered under the laws of both Parties with respect to employment of that person as an officer or member of a crew on a ship or aircraft shall, with respect to that employment, be subject only to the laws of the Party of which that person is a resident. Click to read annotation This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963. Click to read annotation If an employee: is subject to the laws of one Party ("only the first Party"); was sentContracting State if the person is a resident of that State, whether before, on or after the entry into force of this Agreement, by the Government of the first Party to work in the territory of the other Party ("the second Party"); is working in the territory of the second Party in the employment of the Government of the first Party; is not working permanently in the territory of the second Party; and is not exempt from the laws of the second Party by virtue of the conventions mentioned in paragraph 11; Click to read annotation the Government of the first Party and the employee shall be subject only to the laws of only the first Party, and, if the spouse of the employee also meets the conditions specified other Contracting State in subparagraphs (iii)-(v), the spouse and the Government of the first Party shall be subject only to the laws of the first Party for that employment. For the purposes of this paragraph, "Government" includes, in relation to the United States, an instrumentality of the United States and, in relation to Australia, a political subdivision or local authority of Australiaany other case. Click to read annotation The Competent Authorities of the two Parties may for the purposes of this Article by agreement in writing: extend the period of 5 years referred to in paragraph 3 for any employee; or provide that an employee is deemed to work in the territory of a particular Party or on a ship or aircraft in international traffic under the laws of a particular Party and is subject only to the laws of that Party. Click to read annotation Any agreement made under paragraph 13 may apply to either or both of the following:annotation

COVERAGE PROVISIONS. Click to read annotation This Part only applies, with respect to an employee, or the employer of that employee, where either or both of the following circumstances occur: without the application of this Part an employee or the employer of that employee would otherwise be covered by both the laws of Australia and the United States; the employee has been sent from the territory of the United States to the territory of Australia in accordance with paragraph 3 and, based upon documentation issued by the Agency of the United States, the employee and employer are subject to United States laws. Click to read annotation Except as otherwise provided in this Article, a person employed or self-employed within the territory of one of the Parties and the person's employer Contracting States shall, with respect to that employment or self-employment, be subject to the laws of only that PartyContracting State. This shall also be applied if the place of business of the employer is in the territory of the other Contracting State. Click to read annotation Where a person who is normally employed in the territory of one Party Contracting State by an employer in that territory is sent by that employer to the territory of the other Party Contracting State for a temporary period, the person and the person's employer shall be subject to the laws of only the first Party Contracting State as if the employee person were employed in the territory of the first Party Contracting State, provided that the period of employment in the territory of the other Party Contracting State is not expected to and does not exceed 5 five years. After 5 years, any further period of employment shall be subject to the laws of the other Party. Click to read annotation For the purposes of applying this paragraph 3 in the case of an employee who is sent from the territory of the United States by an employer in that territory to the territory of AustraliaHungary, that employer and an affiliated company of the employer (as defined under the laws of the United States) shall be considered one and the same, provided that the employment would have been covered under United States laws in the absence of absent this Agreement. Click to read annotation For the purposes Paragraph 2 of applying paragraph 3 in the case of an employee who is sent from the territory of Australia by an employer in that territory to the territory of the United States, that employer and a related entity of the employer shall be considered one and the same. An entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group. Click to read annotation Paragraph 3 this Article shall apply where a person who has been sent by his or her employer from the territory of a Party Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to work for that employer in the territory of the other PartyContracting State. Click to read annotation Where a A person who is a resident of the United States works in the capacity of a normally self-employed person, in the person territory of one Contracting State and who temporarily transfers his or her self‑employment activity to the territory of the other Contracting State shall be subject to the laws of only the United Statesfirst Contracting State, provided that the period of self-employment activity in the territory of the other Contracting State is not expected to exceed five years. Click to read annotation Where A person who is employed as an officer or member of a national crew on a vessel which flies the flag of one Contracting State and who would be covered under the laws of both Contracting States shall be subject to the laws of only the Contracting State whose flag the vessel flies. For purposes of the preceding sentence, a vessel which flies the flag of the United States who is a resident of Australia works in the capacity of a self-employed person, the person shall not be subject to one defined as an American vessel under the laws of the United States. Click to read annotation Where Traveling employees of air transportation companies who perform work in the same activity is considered to be self-employment under the laws territories of one Party both Contracting States and employment under the laws of the other Party, that activity shall be treated according to the provisions of this Article concerning self-employment. Click to read annotation A person, or that person's employer, who would otherwise be covered under the laws of both Parties with respect to employment of that person as an officer or member of a crew on a ship or aircraft Contracting States shall, with respect to that employmentwork, be subject only to the laws of only the Party Contracting State in the territory of which the company has its headquarters. However, if such employees reside in the territory of the other Contracting State, they shall be subject to the laws of only that person is a residentContracting State. Click to read annotation This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963. Click to read annotation If an employee: is subject to the laws Nationals of one Party ("of the first Party"); was sent, whether before, on or after the entry into force of this Agreement, Contracting States who are employed by the Government of the first Party to work that Contracting State in the territory of the other Party ("the second Party"); is working in the territory of the second Party in the employment of the Government of the first Party; is not working permanently in the territory of the second Party; and is Contracting State but who are not exempt from the laws of the second Party other Contracting State by virtue of the conventions Conventions mentioned in paragraph 11; Click to read annotation the Government of the first Party and the employee subparagraph (a) shall be subject only to the laws of only the first Party, and, if the spouse of the employee also meets the conditions specified in subparagraphs (iii)-(v), the spouse and the Government of the first Party shall be subject only to the laws of the first Party for that employmentContracting State. For the purposes purpose of this paragraph, "Government" includesemployment by the United States Government includes employment by an instrumentality thereof. For the purpose of this paragraph, employment by the Hungarian Government includes the employment of civil servants, public employees and other persons treated as such, together with their family members and Hungarian citizens who are employed by Hungarian institutions in relation to the territory of the United States, an instrumentality of the United States and, in relation to Australia, a political subdivision or local authority of Australia. Click to read annotation The At the request of an employee and his or her employer or a self‑employed person, the Competent Authorities of the two Parties Contracting States or agencies designated by them may for agree to grant an exception to the purposes provisions of this Article by agreement in writing: extend the period Part with respect to particular persons or categories of 5 years referred to in paragraph 3 for persons, provided that any employee; or provide that an employee is deemed to work in the territory of a particular Party or on a ship or aircraft in international traffic under the laws of a particular Party and is affected person shall be subject only to the laws of that Partyone of the Contracting States. Click to read annotation Any agreement made under paragraph 13 may apply to either or both of the following:annotation

COVERAGE PROVISIONS. Click to read annotation This Part only applies, with respect to an employee, or the employer of that employee, where either or both of the following circumstances occur: without the application of this Part an employee or the employer of that employee would otherwise be covered by both the laws of Australia and the United States; the employee has been sent from the territory of the United States to the territory of Australia in accordance with paragraph 3 and, based upon documentation issued by the Agency of the United States, the employee and employer are subject to United States laws. Click to read annotation Except as otherwise provided in this Article, a person employed within the territory of one of the Parties and the person's employer Contracting States shall, with respect to that employment, be subject to the laws of only that PartyContracting State. Click to read annotation Where a person worker who is normally employed in the territory of one Party Contracting State by an employer located in that territory is sent by that employer to the territory of the other Party Contracting State for a temporary period, the person and the person's employer worker shall be subject to the laws of only the first Party Contracting State as if the employee worker were employed in the territory of the first Party Contracting State, provided that the period of employment in the territory of the other Party Contracting State is not expected to and does not exceed 5 five years. After 5 years, any further period of employment shall be subject to the laws of the other Party. Click to read annotation For the purposes Paragraph 2 of applying paragraph 3 this Article shall also apply where an employer in the case of an employee who is sent from the territory of the United States by a Contracting State sends an employer in that territory employee to the territory of Australia, that employer and an affiliated company of the employer (as defined under the laws of the United States) employer’s Contracting State), in the territory of the other Contracting State. In this case, the employer and the affiliated company shall be considered one and the same, provided that the employment would have been covered under United States the laws of the employer's Contracting State in the absence of this Agreement. Click to read annotation For the purposes An employee concluding a 5 (five) year exemption from a Contracting State’s laws under paragraphs 2 or 3 of applying paragraph 3 in the case of this Article may only qualify for an employee who is sent additional exemption upon completing a 6 (six) month absence from the territory of Australia by an employer in that territory to the territory of the United States, that employer and a related entity of the employer shall be considered one and the same. An entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned groupsuch Contracting State’s territory. Click to read annotation Paragraph Paragraphs 2 and 3 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Party Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to the territory of the other PartyContracting State. Click to read annotation Where a person who is a resident of the United States works in the capacity of a A self-employed person, person who resides within the person territory of a Contracting State shall be subject to the laws of only the United Statesthat Contracting State. Click to read annotation Where a national of the United States who is a resident of Australia works Regarding workers in the capacity of a self-employed personinternational air and maritime transportation, the person following provisions shall not be subject to the laws of the United States. apply: Click to read annotation Where a person who is employed as an officer or member of a crew on a vessel which flies the same activity is considered to be self-employment under the laws flag of one Party Contracting State and employment under the laws of the other Party, that activity shall be treated according to the provisions of this Article concerning self-employment. Click to read annotation A person, or that person's employer, who would otherwise be covered under the laws of both Parties with respect Contracting States shall be subject to employment the laws of that person only the Contracting State whose flag the vessel flies. For purposes of the preceding sentence, a vessel which flies the flag of the United States is one defined as an officer or member American vessel under the laws of a crew on a ship or aircraft the United States; and Click to read annotation traveling employees of air transportation companies who perform work in the territories of both Contracting States and who would otherwise be covered under the laws of both Contracting States shall, with respect to that employmentwork, be subject only to the laws of only the Party Contracting State in the territory of which the company has its headquarters. However, if such employees reside in the territory of the other Contracting State, they shall be subject to the laws of only that person is a residentContracting State. Click to read annotation This Regarding persons in the service of the Contracting States, the following provisions shall apply: Click to read annotation this Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963. ; and Click to read annotation If an employee: is subject to the laws nationals of one Party ("of the first Party"); was sent, whether before, on or after the entry into force of this Agreement, Contracting States who are employed by the Government of the first Party to work that Contracting State in the territory of the other Party ("the second Party"); is working in the territory of the second Party in the employment of the Government of the first Party; is not working permanently in the territory of the second Party; and is Contracting State but who are not exempt from the laws of the second Party other Contracting State by virtue of the conventions Vienna Conventions mentioned in paragraph 11; Click to read annotation the Government of the first Party and the employee subparagraph (a) shall be subject only to the laws of only the first Party, and, if the spouse of the employee also meets the conditions specified in subparagraphs (iii)-(v), the spouse and the Government of the first Party shall be subject only to the laws of the first Party for that employmentContracting State. For the purposes purpose of this paragraph, "Government" includes, in relation to the United States, an instrumentality of employment by the United States and, in relation to Australia, a political subdivision or local authority of AustraliaGovernment includes employment by an instrumentality thereof. Click to read annotation The Competent Authorities of the two Parties Contracting States may for agree to grant an exception to the purposes provisions of this Article by agreement in writing: extend the period with respect to particular persons or categories of 5 years referred to in paragraph 3 for persons, provided that any employee; or provide that an employee is deemed to work in the territory of a particular Party or on a ship or aircraft in international traffic under the laws of a particular Party and is affected person shall be subject only to the laws of that Partyone of the Contracting States. Click to read annotation Any agreement made under paragraph 13 may apply annotation PART III Provisions on Benefits Click to either or both of the following:read annotation